T.Mahesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN T.Mahesh ... Petitioner/Sole Accused Vs.

1.The State Represented through The Inspector of Police, Eruvadi Police Station, Eruvadi, Tirunelveli District.

Crime No.25 of 2020 .. 1st Respondent/Complainant 2.Karthipa ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the impugned charge sheet in S.C.No.176 of 2021 on the file of the District and Sessions Court, Tirunelveli, Tirunelveli District, insofar as the petitioner is concerned and quash the same.

For Petitioner : Mr.G.Aravinthan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.K.Sivabalan 1/5

ORDER

This Criminal Original Petition is filed seeking quashment of impugned charge sheet in S.C.No.176 of 2021 on the file of the District and Sessions Court, Tirunelveli, Tirunelveli District, in connection with Crime No.25 of 2020 on the file of the 1st Respondent Police. 2.The issue between the husband and wife. The petitioner and second respondent are the husband and wife. When the matter is taken up for hearing, they appeared before this Court and stated that they are joined together and living in abroad in peaceful manner. 3.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.25 of 2020 for the offences punishable under Sections 294(b), 307 and 506(ii) of IPC, against the petitioner. 4.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2/5

2nd respondent and also by their respective counsels. 5.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 18.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in S.C.No.176 of 2021 pending on the file of the District and Sessions Court, Tirunelveli, Tirunelveli District, is quashed and the compromise memo is recorded.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.176 of 2021 pending on the file of the District and Sessions Court, Tirunelveli, Tirunelveli District, is hereby 3/5

quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dss To 1.The District and Sessions Court, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Eruvadi Police Station, Eruvadi, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN ,J.

dss 21.12.2023 5/5